Bogoroch & Associates LLP

Bogoroch & Associates LLP

Category: Content
Type: Blog Article

Generated 1 month ago

New blog articles detected

  • NUTS & BOLTS: Municipal Notice & Limitation Periods

    Introduction The 10-day notice periods proscribed by the Municipal Act, 2001[i] and the City of Toronto Act, 2006[ii], have been judicially referred to as “very unfair”[iii] and “unreasonable”[iv]. Nonetheless, failure to meet the notice requirement in an action against a municipality can be fatal to an otherwise meritorious action. The Municipal Act, 2001 provides at section 44(10): No action sha...

Bogoroch & Associates LLP

Category: Content
Type: Blog Article

Generated 2 months ago

New blog articles detected

  • Case Study: Overcoming an Unfavourable Police Investigation

    No financial compensation can be obtained on behalf of a client injured in a motor vehicle accident, unless there is a finding of negligence as against a third party.  The following case study is an illustration of how Bogoroch & Associates LLP obtained a settlement for a seriously-injured client, despite an unfavourable police investigation.   BASIC FACTS Client’s Name Jane Doe (name changed to p...

Bogoroch & Associates LLP

Category: Content
Type: Blog Article

Generated 2 months ago

New blog articles detected

  • Surujdeo v Melady: Court of Appeal Provides Direction for Civil Jury Trials

    On December 9, 2015, Justice Arthur Gans endorsed judgment in accordance with the jury’s verdict in Surujdeo v. Melady, 2015 ONSC 7443, argued by Richard Bogoroch. As a damages agreement had been reached prior to trial, the remaining issues at trial were standard of care and causation. The jury found that the two Defendant physicians had breached their respective standards of care and, in doing so...

Bogoroch & Associates LLP

Category: Content
Type: Blog Article

Generated 2 months ago

New blog articles detected

  • Bad Faith and the Negligent Infliction of Mental Distress: What the Recent Changes to the Insurance Act Mean for your Case

    On April 1, 2016, amendments to the Insurance Act[1] came into effect and drastically changed the dispute resolution process for no-fault accident benefits in Ontario. Most prominently, people injured in a motor vehicle accident are no longer permitted to commence court proceedings against insurance companies arising from the denial of their accident benefits. Instead, the insured person must appl...

  • Winter Accidents: What you Need to Know about the 10-Day Notice Period

    While the holidays are generally a time of celebration, the excessive cold, snow and ice can make even walking on the sidewalk or driving to work more dangerous. These dangerous conditions also increase the number of accidents on municipal property. For example, if you are injured as a result of a crack in or an icy patch on the municipal sidewalk, or as a result of height differential between sid...

  • Challenging the Denial of CPP benefits: Success on Appeal

    The Canada Pension Plan (CPP), Canada’s largest public disability insurance program, has been the subject of recent criticism. Applicants with long-term and disabling conditions whose claims for CPP disability benefits have been denied are finding it harder to get those decisions overturned on appeal.  Appeals are made to the Social Security Tribunal of Canada (SST). As reported in the Globe and M...

  • A Voice for the Vulnerable: Capacity in Personal Injury Litigation

    There are many people who suffer from catastrophic injuries which irreversibly change their lives. A child is paralyzed in a motor vehicle accident. An elderly mother slips and falls in her nursing home and has a stroke. A spouse suffers a brain injury as a result of a medical error. In these cases, the injured party may be legally incapable of retaining and instructing counsel to pursue legal pro...

  • Basandra v. Sforza: How the Courts are Preventing Double Recovery in Accident Benefit Settlements

    A person injured in a car accident is entitled to receive benefits from their own insurer as well as their tort case. However, when an injured person receives an accident benefits settlement for specific benefits, that settlement is deductible from an award in their tort case for past and future benefits. That principle was affirmed in the recent Ontario Court of Appeal case, Basandra v. Sforza.[1...

  • Vacations Gone Wrong: What to Do if You’re Injured Outside of Ontario

    As the temperature drops, many Canadians leave the country and head off to warm beaches and relaxing cruises. However, a wonderful trip abroad can quickly become stressful if you are injured. If you are involved in a motor vehicle accident, a slip and fall or are otherwise injured outside of Ontario, it can be difficult to get the compensation you deserve. In some cases, you will not be able pursu...

Bogoroch & Associates LLP

Category: Content
Type: Blog Article

Generated 7 months ago

New blog articles detected

  • The Frightening Reality of Medical Error

    Medical error is an umbrella term that covers all manner of human failure: diagnostic mistakes, poor judgment, a collapse in communication, insufficient skill, equipment malfunction, preventable adverse effects, and a departure from the standard process of care.[1] Here’s a primer on how often medical errors happen in hospitals, why they are so rarely reported, and how legal counsel can help. The ...

Bogoroch & Associates LLP

Category: Content
Type: Blog Article

Generated 7 months ago

Bogoroch & Associates LLP

Category: Content
Type: Blog Article

Generated 7 months ago

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